Tuesday, March 20, 2012

Chris Norwood defends his crappy pro-Adam Walsh Act article

Thank you ReFORM-AL readers for trying to educate this fool, Chris Norwood of the Daily Home, but he's stubborn as, well, an Alabamian, so he posted a response. Don't let up, slam this chump with the truth:

cnorwood@dailyhome.com

http://www.dailyhome.com/view/full_story/17936904/article-Our-View--Sex-offender-law-helps-balance-safety-and-justice-?instance=home_opinion


Our View: Sex offender law helps balance safety and justice
Mar 20, 2012 | 608 views | 1 1 comments | 0 0 recommendations | email to a friend | print
Response to a Sunday article about reforms in sex offender reporting laws drew some surprising responses in the comments section of this newspaper’s website.

Some of the changes were about doubling the number of times per year convicted sex offenders are required to register with law enforcement, and some dealt with ways in which some of the offenders can be relieved of the requirement to register altogether — such as an older offender who is living out his last years in a nursing home, or someone who was convicted of having consensual sex with an underage person, if the age difference was no more than four years. Exemptions may also be made for juvenile offenders after 25 years.

The increased requirement for registering not only increases the burden on the offenders, but also doubles the workload on those keeping tabs on the offenders.

Some of those commenting insist that most convicted offenders are not dangerous to others, and provide links to data that tend to support that argument. But even those numbers suggest that about 13 to 20 percent of child molesters reoffend, and 19 to 23 percent of rapists. While “most” don’t, those are still disturbingly high percentages.

Another mentioned the difficulty offenders have in finding employment and supporting themselves.

Also mentioned was an elderly man in Florida allegedly beaten to death because someone thought he was a sex offender in a tragic case of mistaken identity. The writer was one of several opposed to having registries.

States have online registries that allow people to check to see who and where registered sex offenders live based on name, city, zip code or county. Alabama’s registry can be found at http://dps.alabama.gov. At least one website, www.familywatchdog.us, offers an interactive map, based on the address entered that shows the residences of offenders in the area.

We think having those registries available can help people make better-informed decisions regarding safety in the community, but we are pleased to see exemptions being offered for some of the least dangerous offenders.

Sunday, March 18, 2012

Another article with the obligatory "protects kids" catchphrases for the AWA

More AWA propaganda. Feel free to comment:

http://dailyhome.com/view/full_story/17921838/article-New-legislation-closes-loopholes--promotes-child-safety?instance=home_lead_story#cb_post_comment_17921838


New legislation closes loopholes, promotes child safety
by Chris Norwood











 March 18, 2012

According to the Alabama Department of Public Safety, there are 185 convicted sex offenders currently living in Talladega County, and 190 in St. Clair County. New legislation passed last year will change the way they have to live and double the number of times they must check in for verification of compliance.

According to Talladega County Assistant District Attorney Christina Kilgore, the state of Alabama adopted national standards for community notification in 2006, but the current version of the sex offender registration and notification act (SORNA) became law on July 27, 2011.

“The new act repealed several parts of the previous act to close some loopholes,” Kilgore said. “And the law itself states that its purpose is not to punish the offenders more, but to protect the public and promote child safety.”

One of the biggest loopholes closed by the new act involves sexually motivated offenses that may not normally be classified as sex offenses.

“Say you have a burglary in the first degree where someone breaks in and rapes the victim. They would be convicted of burglary in the first degree, which is not a sex offense. Under the new law, he would still be required to register once he got out of prison,” Kilgore said.

Another major change involves when an offender has to register. Previously, he did not have to until he was released from prison. Under the new law, he will have to register as soon as he is convicted or found guilty.

“We’ve already had a case here where that was an issue,” Kilgore said. “A man pleaded guilty and was out on bond, but he didn’t register.”

Convicted sex offenders must now register with the sheriff of the county and the police chief of the municipality (if applicable) where he lives, works or goes to school. Offenders cannot change their names unless the name change reflects a change in marital status or religion.

Under the old law, offenders were required to verify their residence only in their birth month and six months later. Under the new act, they have to check in during their birth month and every three months. If an offender becomes homeless, he is required to check in every week.

A convicted sex offender cannot live within 2,000 feet of a school, childcare facility, former victim or victim’s immediate family member (including grandparents, parents, spouses, children or grandchildren).

Under the old law, residence was established if the offender either stayed in the same place for three consecutive days or spent 10 or more days there in the same month. According to Kilgore, the new law adds “failure to spend three days away from the residence without notification unless the offender is incarcerated, in a medical facility or in a mental facility. If they’re planning on being away, they must also notify and complete a travel permit at least 21 days in advance.”

The new law also bars offenders from coming within 100 feet of any of their victims or their victims’ families, and adds college and university campuses to the places where offenders are not allowed to loiter. An offender must have a valid driver’s license or identification card.

The bill also strengthens communications between law enforcement agencies.

The other major change in the new law is that certain offenders can petition the court to be exempted. An offender who has become terminally ill or permanently immobile can petition the circuit court to lift the living restrictions. People who are convicted of consensual sex crimes (where there was no force but the victim was under age, such as rape or sodomy in the second degree) can also ask for exemptions. The law requires that the victim be at least 13 and the offender must be no more than four years older. The new law also provides employment relief in these cases, as well as for juvenile convictions after 25 years.

Offenders cannot work in schools, day cares or any vendor that supplies schools or day cares.

Records will be maintained for 75 years after the adjudication of the case, Kilgore said.

Lastly, the law bars harboring an offender who may not be compliant. “You can’t warn them or provide transportation, disguises or aid in counseling.”

Victims must notify the state Attorney General’s Office if they want notice of release and residence. 

In addition to one case where a defendant failed to register after pleading guilty, Kilgore said mainly what she has been seeing are “petitions for relief in consensual offenses. People are asking for relief that was not available under the old law, but none of them have had hearings yet. We’ll see other aspects of the law go into effect over time, too, but everyone was trained in the new act several months ago. It will definitely put more on the compliance workers in terms of workload.”

Investigator Owen Walton, who handles sex offender registration for St. Clair County, said he has definitely seen his own workload increase. “Adults are required to register every three months instead of every six, and they all have to register in Pell City. If you actually live in Pell City, you’re going to be checking in eight times per year. It’s still too early to say how effective this will be, but it’s a good tool. It lets us keep a closer eye on them, handle them better.” 

Wednesday, February 29, 2012

Ala. to try anti-clustering bill. Here we go again.

I defeated this bill in 2010, but like bad sequels, they keep coming back, lamer than ever. The bill is not online yet, but when it is I'll post it.

http://www.wsfa.com/story/17040714/law-targets-sex-offenders-living-together


Law targets sex offenders living together

Updated: Feb 28, 2012 10:03 PM CST

By Sally Pitts


"I have three small children, myself..." says Johnny Dixon. "It bothers me that it's so close to home." A check of the area near Dixon's home on Congressman Dickinson Drive showed several sex offenders living nearby at the Regency Inn motel. The registry shows nine registered sex offenders living on the Regency's premises.
Another eight offenders call the Rodeway Inn on the West South Boulevard "home" and in total, more than 27 sex offenders live on the West South Blvd.
"As for the hotel issue on the boulevard, at Mobile Highway, it's relatively inexpensive," explains Lt. L.H. Persky, who keeps track of sex offenders in Montgomery County. "It's hard for these guys to get jobs. Some of them don't have a lot of family support." 
The sex offender law limits where registered sex offenders can live. Lt. Persky says that's why you see them grouped in certain areas of town. A map of Montgomery shows that many live very close to one another.
"I don't have statistics that show whether or not it's a good or bad thing," Persky explains. But he adds that from a law enforcement stand point, it's easier to check on offenders if they live in one area.
State Representative Kurt Wallace (R- Chilton County) is not happy with the close proximity offenders have with each other. "You don't put that many like-minded people together and not have some residual effects," he says. 
Wallace has presented a bill in the Alabama legislature that would make it illegal for more than one sex offender to live at the same address.
"What my bill does is basically say that you can't live within 300 feet of each other, unless you're in a treatment facility or unless you are a family member."
Rep. Wallace says he drafted the bill after he learned of a whopping two dozen registered sex offenders over the last 18 months as listing one home in Chilton County as their address on the sex offender registry.
One of those registered sex offenders is Selid Holt. He has lived with Ricky Martin for the past year. "There's been no kind of offenses committed by these guys that we've helped get out of prison," Martin said. all that have left...have been success stories."
Martin calls it a compassion to help. It's the same reason the Reverend Curtis Browder gives for housing 13 sex offenders in a lot full of trailers off the Mobile Highway. "It's a ministry," he says. "We minister to these guys on a daily basis, and when they get out, they need a place to go."
Wallace says he has no problem with supervised, state-approved and licensed facilities. " I realize that sex offenders need a place to go. I realize they need help. I just know that when you have that many of anybody doing anything together, you worry."
Attempts to contact the Rodeway Inn were met with a decline to comment on this story. The manager at the Regency Inn says he hasn't had any problems with the sex offenders who are living there.
Copyright 2012  WSFA 12 News.  All rights reserved.

Here is State Rep. Kurt Wallace's Info:

REPRESENTATIVE
KURT WALLACE

(R)


42nd District
(Chilton and Shelby)






State House:Room 522-C
11 S. Union Street
Montgomery, AL 36130
(334) 242-7772
Home Address:24 Maple Drive
Maplesville, AL.  36750

Work Phone: 

(334) 366-4211

Email:

representativewallace@gmail.com

Representative Kurt Wallace was elected to the Alabama House of Representatives on November 2, 2010.





He describes himself as a Conservative Christian who will “fearlessly defend my God, country, and family against all who would do them harm.”

Monday, February 20, 2012

First look at the newest sex crime legislation for 2012

"Although the act is intended to promote the legitimate and compelling state interest of protecting minors from internet predators, the near total ban on Internet access imposed by the act unreasonably  restricts many ordinary activities that have become important to everyday life in today’s world." -- US District Court Judge Brian Jackson, in a decision declaring Louisiana's internet ban unconstitutional.

I recently mentioned a proposed social networking ban (complete with sponsor Brooks's contact info to oppose the bill), but today, KLTV-7 reports the name of the new bill, SB 161, and Sen. Brooks is getting support from Mark Klaas of Klaas Kids in steamrolling this bill through legislation. In light of the recent federal decision striking down Louisiana's social networking ban, Alabama is merely setting itself up for a costly lawsuit. 

More info on Internet laws in general: http://www.oncefallen.com/InternetLaws.html

A second bill, SB 148, "makes surveillance for sexual gratification an aggravating circumstance," which means they will be added to the state sex offender registry. I'm personally against the bill because it creates more registrants. Below is from an article discussing the bill. Notice the reporter claims it is "not illegal" to peep on others but then discusses it is a class B misdemeanor. The second is the "escalation" theory, which is no more true for sex addicts than cigarette/ pot smokers:


It may come as a surprise that "peeping" at people in inappropriate places is not illegal in Alabama. Watching someone can get you put in jail, but doing so for sexual gratification doesn't increase the penalty. State Senator Arthur Orr says this is a problem. 
 
“Alabama has not done what a lot of our sister states here in the southeast have done which is really tighten the laws for voyeurism,” he explained.  That is why Orr has introduced Senate Bill 148 which makes surveillance for sexual gratification an aggravating circumstance. 
 
"Simple criminal surveillance is a Class B misdemeanor in Alabama which does not qualify for sex offender status,” explained Lieutenant John Crouch of the Decatur PD. “Anyone convicted of that regardless of the circumstances is not required to register as a sex offender.” 
 
If the bill passes that will all change. Crouch says if offenders are forced to register it will be much easier for his department to keep the public safe. 
 
"Anyone engaged in this sort of activity certainly has the potential to escalate to other activities and we feel this will better enable us to keep track of these individuals."


Here is a list of  Senate Judiciary Committee Members:

JUDICIARYBrooksCo-ChairpersonWardCo-ChairpersonColemanFieldingKeaheyOrrSmithermanTaylorWhatleyWilliamsBrewbaker (President Pro Tempore Designee).

Below is Senator Orr's contact info:

SENATOR ARTHUR ORR (R)

3rd District
(Limestone, Madison, Morgan)

State House:


Phone:
Room 730
State House
11 South Union Street
Montgomery, Alabama 36130
(334) 242-7891
Business:Post Office. Box 305
Decatur, Alabama 35602
(256) 260-2147
Personal Website:Senator Arthur Orr


Saturday, February 18, 2012

Alabama looks to add email addresses and social networks IDs to registry

I will add the bill whenever it is added to the "ALISON" legislation tracker, but below we already have some info on yet another idiotic bill. I wonder i this is just another way to just try to fill the state prisons even further, who may be looking to pimp out prison inmates to private businesses looking for more cheap labor. Come on vacation, leave on probation.

http://www.local15tv.com/news/local/story/Adding-Registering-Requirements-for-Sex-Offenders/OAm0ZotD-UK3NH0YFzkfCg.cspx

Adding Registering Requirements for Sex Offenders

Reported by: Andrea Ramey

MOBILE, Ala.) - Alabama lawmakers are considering legislation that would place more registering requirements for convicted sex offenders. State Senator Ben Brooks (R-Mobile) is sponsoring the bill that would make sex offenders register things like their email address and social media log-in names.

"This is a tool that we'll be able to use that we will be able to track them better," said Lori Myles with the Mobile County Sheriff's Office.

Myles says the laws that force sex offenders to register with local law enforcement agencies were written in a time when things like text messaging and Facebook didn't exist, and it's time the laws reflect how potential victims now are contacted.

"We are just now catching up with it. It was a playground for them, for a while," said Myles.

"So much communication takes place on the internet," said Child Advocacy Director Pay Guyton.

Guyton says this proposed law could prevent children from being victimized. He says if sex offenders provided their technology addresses, investigators would have a better idea of what to monitor and would be able to track what offenders are doing online.

"A lot of that can be traced if we have the correct address," said Guyton. "You go on a Facebook account, and someone posts something on your Facebook and says, 'I'm a 15 year old girl and I just want to know what other girls think about this.' And really it's a 65 year old sex offender. You have no way of knowing that. And it happens. Unfortunately, it happens all the time."


It goes without saying ReFORM-AL strongly opposes this bill. 

Flood this Senator with opposition:



SENATOR BEN BROOKS
(R)

35th District
(Mobile)

State House:



Phone:
Fax:
Room 729
State House
11 South Union Street
Montgomery, Alabama 36130
(334) 242-7882
(334) 353-8277

Business:
Home:

Phone:
4953 Audubon Drive
Mobile, Alabama 36619
(251) 666-7116

Saturday, February 11, 2012

HB 137 will raise Age of Consent from 16 to 18

The latestsex offense related bill in AL legislature:

http://alisondb.legislature.state.al.us/acas/ACTIONViewFrameMac.asp?TYPE=Instrument&INST=HB137&DOCPATH=searchableinstruments/2012RS/Printfiles/&PHYDOCPATH=//alisondb/acas/searchableinstruments/2012RS/PrintFiles/&DOCNAMES=HB137-int.pdf,,

HB 137: Increases age of consent from 16 to 18. What this does is increase the age one can be charged for statutory crimes. By the way the law is written, a teen couple 25 months apart can fall under the statute.

ReFORM-AL opposes this bill, it will increase the number of individuals placed on the registry for a "Romeo and Juliet" offense.


Tuesday, January 31, 2012

After more tornadoes, Jefferson County wastes taxpayer dollars on forcing displaced registrants to re-register

Mike Hale, Jefferson Co. Sheriff
Jefferson county's sheriff Mike Hale is a major league asshole and pandering piece of crap, so this article does not surprise me. In light of a rare tornado in January, Mike Hale wants you to know he has more important things to do than protect you from thieves and others exploiting the storm, like making sure those victimized by the storm but are also on the registry are given further humiliation and threats of prison if they don't register immediately. What a sadistic SOB.

http://blog.al.com/spotnews/2012/01/lawmen_track_registered_sex_of.html


Lawmen track registered sex offenders displaced by the storm

Published: Wednesday, January 25, 2012, 12:12 PM     Updated: Wednesday, January 25, 2012, 12:22 PM
Carol Robinson -- The Birmingham News 
January 23 2012 storms
EnlargeTornado damage from early morning storms Mon., Jan. 23, 2012 in Eastern Jefferson County, Ala. (The Birmingham News/Bernard Troncale)Aerial Photographs of the January 23 2012 Storms gallery (31 photos)
JEFFERSON COUNTY, Alabama - In the wake of this week's devastating tornadoes, lawmen are taking care of an important, but little-known, task that follows natural disasters -- tracking displaced registered sex offenders.
The Jefferson County Sheriff's Office Sex Offender unit identified 10 registered sex offenders that lived in the neighborhoods hit by Monday's EF-3 twister. Of those, six of them had been hit by the storm, said sheriff's Sgt. Jacob Reach.
"We went out and rode all the affected areas and checked on addresses," Reach said. "We're going to make sure we know where they are."
Post-storm tracking of sex offenders became an issue following Hurricane Katrina in 2005. An estimated 2,000 registered sex offenders fled the Gulf region to seek shelter in other states, and some vanished from the required tracking all together.
All states are required to have sex offender registries, and people convicted of sexually violent offenses are required to register their current addresses.
The confusion that followed led to new requirements that the Federal Emergency Management Agency share with law enforcement contact information on registered sex offenders receiving disaster assistance.
Reach said the sex offenders affected by this week's storm lived on the northwest and northeast sides of Center Point, and a section off Old Springville Road in the Clay area. Some had structural damage; others simply were forced to leave because of a lack of electricity. "We were able to locate them and know where they were going to be staying," Reach said.
One of them, he said, was found to be living somewhere other than the address he had registered. Deputies are obtaining a warrant against that man. Reach said detectives did the same thing after the April 27 storms.
"We have to," he said, "because unfortunately an offender can attempt to take advantage of the situation and put himself back where potential victims are." The sheriff's office currently tracks 748 registered sex offenders.
Birmingham police also monitor registered sex offenders following storms, but said none of their 620 were affected by this week's storms. "In April we had two that lost their homes and had been displaced," said Sgt. Scott Thurmond. He said some do try to take advantage of the situation; others are simply overwhelmed and not thinking clearly. "It's probably the last thing on their mind when they've lost everything," he said. "When we found them, they went immediately and registered." "We're just trying to ensure the public safety by knowing where they are," Thurmond said, "and knowing that they are living at a compliant address."
© 2012 al.com. All rights reserved.

On to another story, the state of Louisiana is pulling out all the stops on persecuting, er, prosecuting the infamous Crimson Tide Teabagger. It seems the LSU fan who was the victim is the second cousin of the sheriff who signed the warrant for his arrest. Now he's facing 10 years and a lifetime on the sex offender registry. Overkill for an act done in poor taste if you ask me. My opinion, 90 days and community service with some reparations but not the registry. That's bullshit.


Defense lawyers for Alabama fan accused of assault begin public rhetoric tour

Brian DowningAP
Well, what else are they going to do? Their client is accused of sexual battery against an unconscious LSU fan. Might as well come out swinging.
And that’s just what the lawyers for Brian Downing, the man connected to that famous post-BCS championship game video, uploaded to YouTube and later picked up byDeadspin.com, have done.
In a statement released by lawyers Miles Swanson and Michael Kennedy,Downing’s alleged actions are downgraded to what appears to be similar to frat house hazing, which I also believe has been outlawed in some states. The two lawyers go on to call a possible 10-year jail sentence should Downing be convicted “a little troubling.”
“The eighteen year old victim was never physically harmed and, in fact, was so intoxicated that he would have had no recollection of the incident, but for a video posted online,” , the two wrote in a statement. “Any ‘harm’ is entirely post hoc and amplified by media.
“[The accusation] demeans the real and serious trauma of actual victims of sexual violence.”
The New Orleans Parish District Attorney’s Office has yet to bring charges in the case.
“[Downing] has already been tried and convicted in the court of public opinion,” the lawyers say. “He has been fired from his job and suffers continual harassment by the public and media.”
Downing, a 32-year-old from Alabama, turned himself into authorities last week after New Orleans police issued an alert for the individual connected to the video. As it turned out, Downing’s second cousin was a local sheriff who made the call to bring Downing to police. Downing was later set free on $10,000 bond.

Saturday, January 14, 2012

Reminder to watch for new legislation

Alabama does not have much sex offender related news, but I want to remind my readers and followers to keep an eye on the legislative tracker or the news and if you have a news tip submit it to iamthefallen1@yahoo.com with the headline "News Tip." ReFORM-AL, a Once Fallen affiliate site, works hard to keep this blog active and up-to-date. However, it helps to have some new info out there. I even accept editorials from so long as they are respectful in nature and are limited to Alabama's laws and sex offender issues.

In the meantime, check the legislative tracker and read the new laws when they are introduced. You only have a limited time to request a public hearing to oppose these laws once they are introduced.

Friday, December 16, 2011

Alabama well represented in the 2011 Shiitake Awards





Blogger-Templates



Follow this link to vote via Survey Monkey:

[VOTING CLOSED DECEMBER 31]

For those unfamiliar with the Shiitake Awards, it is an annual event that spotlights some of the absurdities of people who exploit sex offender laws and registrants for personal gain. Alabama is up for worst state of 2011, AL's new SORNA law is up for worst law, Michael Hill of Huntsville is up for Everyday Zeroes (vigilante) award, and Tuscumbia, AL chief Tony Logan is up for dumbest quote of 2011. Simply follow the link to cast your votes and represent this "fine" state.

Saturday, December 10, 2011

Yet another idiot wants to push for anti-clustering laws

In 2010, a law on anti-clustering was considered, but only passed for Jefferson County. Now another dumb politician wants to create another state-wide anti-clustering law. This must be stopped before it starts. Contact State Rep. Kurt Wallace and let him know these laws are a bad idea.


REPRESENTATIVE
KURT WALLACE

(R)


42nd District
(Chilton and Shelby)



State House:Room 522-C
11 S. Union Street
Montgomery, AL 36130
(334) 242-7772
Home Address:24 Maple Drive
Maplesville, AL.  36750

Work Phone: 

(334) 366-4211

Email:

representativewallace@gmail.com


On to the article itself.

http://www.clantonadvertiser.com/2011/12/09/bill-would-ban-sex-offenders-from-living-at-same-residence/

Bill would split up sex offenders

Published 5:28pm Friday, December 9, 2011



Sex offenders living together at the same residence in Chilton County could be the catalyst for a statewide law banning such arrangements.
In the past year and a half, 23 people convicted of sex crimes have been released to the same address, 40 County Road 374 off Enterprise Road south of Clanton, according to information provided by C.J. Robinson with District Attorney Randall Houston’s office.
Nine of the registered sex offenders were living at the address as of Thursday morning, according to Chilton County Sheriff’s Department Investigator Erric Price, who is responsible for keeping track of sex offenders.
State Rep. Kurt Wallace said he plans to file a bill that would place a limit on how close such people could live, effectively outlawing them from locating to the same residence unless it were a treatment facility and the sex offenders were under supervised care.
“I’ve talked with several other representatives, and they said they would sign onto it, too,” Wallace said. “I don’t think [the situation in Chilton County] is a good thing.”
Wallace said he plans to pre-file a bill before the state Legislature reconvenes in February 2012.
The owner of the property at County Road 374 declined to comment Friday. The registered sex offenders apparently are housed in campers behind Triumph Church, which is under construction.
Two residents in the area interviewed Thursday expressed concern about the situation but did not want to be quoted for this story.
Convicted sex offenders must notify the state about where they plan to live once they are out of custody.
“I began noticing the same address listed for offender after offender,” Robinson said. “This is not a licensed halfway house, nor am I aware of any type of specialized training that someone can give to rehabilitate a sex offender. This is a serious problem facing our community.”
Robinson said he received notice about 23 sex offenders being released to 40 County Road 374 from August 2010 through October 2011.
None of the men were arrested for crimes committed in Chilton County, according to Robinson’s information. The crimes include rape, sodomy, sexual abuse, assault with intent to ravish, aggravated sexual battery, and attempted rape; and the given ages of victims range from 4 to 29.
There is also a listed relationship between the sex offender and the person the offender is being released to. These relationships include clergy, manager, halfway house and friend.
Price said sheriff’s department officers have been called to the residence on at least a couple occasions because of fights between residents of the same address but that no crimes have been reported by neighbors.
“We’ve also gotten multiple calls from neighbors about them walking up and down the streets, knocking on doors and looking for work,” Price said.


That last sentence is intriguing. Nothing is scarier than looking for a job or walking down the street, eh?

Tuesday, December 6, 2011

December 2011 Introduced Bills

Here is a quick rundown of the latest bills introduced for the upcoming session:

HB 34: "Continuous Sexual Abuse" Act

 Section 1. (a) A person commits the crime of continuous sexual abuse when the person intentionally engages in three or more acts of sexual conduct with another person who was under the age of 16 years when the first act of sexual conduct occurred.
(b) The term "sexual conduct" includes any of those sexual acts defined under Sections 13A-6-61, 13A-6-62, 13A-6-63, 13A-6-64, 13A-6-65.1, 13A-6-66, 13A-6-67, 13A-6-69.1, and 13A-13-3 of the Code of Alabama 1975.
(c) Continuous sexual abuse shall not include sexual conduct that meets all of the following:
(1) The sexual conduct did not involve force and was only a crime due to the ages of the victim and offender.
(2) At the time of the sexual conduct, the victim was 13 years of age or older.
(3) At the time of the sexual conduct, the offender was not more than 4 years older than the victim.
(d) Continuous sexual abuse is a Class A felony

ReFORM-AL's stance: Oppose-- this bill will effectively make all sex crimes involving minors a Class A felony,  with a minimum 10 year sentence. Such an increase will ultimately lead to a decrease of reporting of sexual abuse cases and may compel the minority of violent offenders to cause more harm to victims. This law will obviously be used to force an increase of pleas to those wrongfully accused.

SB 67-70: A series of bills regarding death penalty reform. Personally I prefer the death penalty to be abolished, but a three year moratorium and reforming the policy on who is eligible for execution is a start. Don't worry, no one has suggested executing registrants, that was abolished by the 2007 Kennedy v Louisiana decision.

Thursday, November 10, 2011

Oh boo hoo! B'Ham files for Bankruptcy. Cry me a river!

Birmingham/ Jefferson County has just filed for bankruptcy. on the surface, it seems unrelated to sex offender issues but it does. Alabama recently passed the costly Adam Walsh Act/ SORNA, which has been found to be costly in many states. They passed an anti-clustering law last year just to target a halfway house operating in the county. They've spent millions on frequent police checks and locking up registrants on petty offenses. Any wonder why they are in financial dire straights? i think not.

Friday, November 4, 2011

AL RSO Registry Fee Law

I recently added a registry fees fact guide to my main website at www.oncefallen.com. Thus, I thought I'd take the time to review the new Alabama registry fees law to clarify the fee issue:

Alabama: From the recently enacted SB 296: Section 22. (33a) An adult sex offender shall pay a registration fee in the amount of ten dollars ($10) to each registering agency where the adult sex offender resides beginning with the first quarterly registration on or after July 1, 2011, and at each quarterly registration thereafter. (b) Each time an adult sex offender terminates his or her residence and establishes a new residence, he or she shall pay a
registration fee in the amount of ten dollars ($10) to each registering agency where the adult sex offender
establishes a new residence. (c) If, at the time of registration, the adult sex offender is unable to pay the registration fee, the registering agency may require the adult sex offender to pay the fee in installments not to exceed 90 days.  The registering agency shall waive the registration fee if the adult sex offender has an order from the court declaring his or her indigence. In the event the adult sex offender is determined to be indigent, a periodic review of the adult sex offender's indigent status shall be conducted by the court to determine if the offender is no longer indigent. Further, if the offender is determined to be indigent by the sentencing court, nothing in this act shall prohibit the offender from being placed on a payment plan where the entire fee is collected in total. (d) The fees collected under this section shall be to the registering agency to defray the costs of sex offender registration, verification, and notification. (e) Any person who willfully fails to pay the required registration fee at the time of registration, or at the time at which the installment payment is due, shall be guilty of a Class B misdemeanor. Upon a second or subsequent conviction for willful failure to pay the required fee, the adult sex offender shall be guilty of a Class A misdemeanor.

 While I think the fees should be challenged in court (as discussed in my fact guide), it appears those of you who are concerned over registry fees should petition the court to be considered indigent and thus be free of paying the fees. This is something every registrant needs to pursue. 

One of my readers reminded me about the Federal "Poverty guidelines." Personally I find the numbers very low, as Alabama's poverty level is about $10,890 per year. However, I'm sure many of us hover around that line. even if you are above that line, I think you could still argue indigence, it is a matter of doing your math. For example, Gas is $3+ per gallon and most cars get maybe 20 miles per gallon on average (less in the city and if . Chances are just to go to work, you are filling up weekly at a cost of up to $100 to refill your tank. That's as much as $400 per month. You essentially have to argue your take home pay and your living expenses are so close paying for extra registration cases a financial burden.

I previously mentioned that Ohio had recently ruled their version of the Adam Walsh Act was indeed punitive. You may ant to utilize this case decision into your argument:

http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-ohio-3374.pdf